Outside work policy FAQ - University of South Australia

Outside Work Policy – For Managers FAQ
Please read this FAQ in conjunction with the Outside Work Policy – General FAQ for all staff
Question
General
When should a staff member
seek approval for to work
outside the University and
how do they do it?
Answer
This will depend on the activity, as outlined below:
University Practice is subject to normal performance development
and management discussions. Initial discussions should be raised
immediately with the head of school, director or senior manager.
Private Practice requires the staff member to obtain written
approval using the ‘Application for Approval to Conduct Private
Practice’ from the relevant head of school, director or senior
manager before the activities commences.
Outside Directorships requires the staff member to obtain written
approval prior to the commencement using the ‘Outside
Directorships Form (FS33)’. FS33 includes a flow chart clarifying
when university insurance applies.
Notes:
 An ‘outside directorship’ is board service that is related to
a staff member’s work at the university, and where there
might therefore be some confusion about insurance
coverage.
 Only the Vice Chancellor can approve an Outside
Directorship as a University of South Australia nominee or
appointee.
 Where an outside directorship is not part of the staff
member’s university duties, the requirements of Private
Practice apply.
Unrelated Outside Work may be undertaken by staff without the
need to seek approval provided that the work meets the criteria
set out in part 10.1 of the policy.
When is Outside Work not
allowable?
Outside work is not allowed where:
 the staff member has, may have, or may reasonably be
perceived to have a conflict of interest; or
 the use of university resources may have an adverse effect
on the operations of the university or where the costs of
such use cannot be appropriately reimbursed; or
 the capacity of the staff member to perform their duties or
organisational functions in the university competently and
safely is or may be affected; or
 the reputation, standing or performance of the university
is or may be adversely affected; or
 a significant risk for the university exists or may be created
in the course of performing the work and the risk cannot
be managed appropriately.
The university recognises that casual staff can reasonably expect to
be able to take work at other universities (see the explanatory
notes to section 3 of the policy).
What can a head of school,
director or senior manager
do if a staff member notifies
them of an Outside Work
activity that is defined by the
policy as ‘not allowable’?
The staff member is responsible for advising their head of school,
director or senior head of school, and take appropriate steps to
remedy the situation in conjunction with them. If a remedy is not
available, a head of school, director or senior manager may
withdraw approval for the activity if necessary.
In the case of an actual, potential or perceived conflict of interest
arising from any type of outside work, the head of school, director
or senior manager is responsible for determining appropriate
duties and processes to avoid the conflict of interest.
How do heads of school,
directors or senior managers
assess whether there is risk
in the Outside Work?
Outside work may expose the university to risks, including
unauthorised use of university resources, breaches of the Code of
Ethical Conduct such as conflict of interest, potential legal liability
and damage to the university's reputation. To review the risks,
consider the details outlined in part 6 of the policy.
Outside work must be undertaken in a way that appropriately
addresses any risks associated with such arrangements.
What if a staff member is
already participating in
Outside Work?
The staff member should notify the head of school, director or
senior manager and seek confirmation or approval for continuing
with the same arrangement.
For Unrelated Outside Work, the staff member only needs to notify
the relevant manager if the work appears to breach the policy.
What if a staff member
receives a request to
undertake outside work on
once off occasion and in a
staff member’s own time?
Where can managers seek
guidance on whether an
activity is within scope of the
policy?
What if a staff member does
not comply with the policy?
Staff should still consider their obligations outlined in the policy.
For example, whether the work is related or unrelated to university
work and whether there are any factors as included in clause 6.1
that would fit the ‘not allowed’ category.
Managers can seek guidance from their local Human Resources, or
the Employee Relations team in the HR Unit.
A breach of the policy may be dealt with by the relevant senior
manager and can include:
 placing conditions on the approval for the outside work
 withdrawing approval to conduct the outside work
 referring the matter to the Director: Human Resources to
consider whether action should be taken under the
misconduct/serious misconduct provisions in the relevant
enterprise/collective agreement
 or by any other action considered necessary by the Vice
Chancellor.
How do I deal with staff on
small fractional :
 appointments (eg 0.2
FTE) who have
professional activities
outside the university or
 who have to undertake
outside employment to
maintain their
professional
registration?
Directorship
What’s the difference
between service on a board
and an Outside Directorship?
When is an Outside
Directorship considered part
of a staff member’s duties?
This may be best dealt with in the contract of employment – see
explanatory notes to clause 8.4.
Service on a board can be any service on a board or committee of
management with some sort of governance function. For example,
it might be being a member of the board of a local sporting club.
For the purpose of this policy, an Outside Directorship is service on
a board that is related to the staff member’s university duties.
An Outside Directorship is considered part of a staff member’s
duties if:


When should a staff member
seek approval for Outside
Directorship and how?
It has been approved by the Vice Chancellor under clause 9.2
of the policy OR
It has been approved by the relevant head of school, director
or senior manager and recorded in the staff member’s
performance management plan (the position would fit with
the staff member’s position description/role, and attendance
at meetings may be paid on University time).
Please note: An outside directorship is service on a board or
committee of management which is related to the staff member’s
duties at the university. Other board service is ‘unrelated outside
work’.
For an Outside Directorship to be considered part of the staff
member’s role, the staff member must obtain written approval
using the ‘Outside Directorships Form (FS33)’. Normally, this would
be done as part of Performance Development and Management
discussions and prior to commencing the position.
Please note: Only the Vice Chancellor can approve an Outside
Directorship where the staff member will be a University of South
Australia nominee or appointee.
Where an outside directorship is not part of the staff member’s
university duties, the requirements of Private Practice apply. The
staff member will need to obtain written approval using the
‘Application for Approval to Conduct Private Practice’ from the
relevant head of school, director or senior manager before the
activities commences.
What if the staff member
already holds an Outside
Directorship?
The staff member should notify the head of school, director or
senior manager and seek confirmation or approval for continuing
with the same arrangement.
What can be used to assess
the risks involved in an
Outside Directorship?
An Outside Directorship carries the risks normally associated with
outside work, but also the liabilities associated with being a
member of a board with a governance function. To review the
risks, consider the details outlined in part 6 of the policy together
with the Finance form F33, which enables staff members and
managers to assess the risks involved in an outside directorship
and to decide if there is an appropriate level of insurance
coverage.
To determine appropriate risk:
•
Is the company financially stable?
•
Does the company currently have any claims against it?
•
Does the company provide insurance to protect its
directors?
•
Is the company trading stocks in the USA?
When does university
insurance cover Outside
Directorships?
University insurance only covers Outside Directorships where:
 the staff member is a University Nominee (VC approval) or
 it is part of the staff member’s performance plan (HOS,
Director or senior manager approval
University insurance does not apply to Outside Directorships
undertaken as Private Practice.
University insurance does not apply to board service that is not
related to university duties.
Where can I find out more?
You can ask your local HR staff, but the policy also has a series of
explanatory notes that give useful examples.